KAPOOR Vs. STATE

JUDGEMENT

(1.) Heard Sri Jai Singh Yadav, learned counsel for the appellant and Sri Ravi Singh Parihar, learned Additional Government Advocate for the State and perused the record.

(2.) This criminal appeal has been preferred against the judgment and order dated 07.01.1987 passed by Learned Addl. Sessions Judge/Special Judge (DAA), Lalitpur in S.T. No. 29 of 1986 (State v. Kapur and others), under Sections 392 IPC, P.S. Kotwali, District Lalitpur, whereby the accused-appellant Kapur has been convicted under Section 392 IPC and sentenced to four years rigorous imprisonment.

(3.) Prosecution version is that on 22.04.1986 at about 04.00 AM, complainant Halki Bahu was collecting fruits of 'Mahua' in her field. Suddenly one person put a sheet around her face and tried to take out silver paizna from her neck. Complainant over turned the sheet and saw that it the accused-appellant Kapur, who was trying to remove her paizna. Complainant resisted and asked that what he was doing but the accused-appellant Kapur forcibly took out her paizna, weighing one kg. In this incident complainant has suffered abrasions at her neck. Hearing noise, (PW 3) Dev Singh and one Hukum Singh have also reached there but the accused-appellant Kapur fled away taking her paizna.